Pomeroy v. Pomeroy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock •county: John R. Bensett, Circuit Judge. Chester Pomeroy died intestate, January 27, 1882, seised ■of the S. W. Í- of the S. E. £ and the N. E. £ of the S. E. £ of section 8, town of Eulton, Rock county, "Wisconsin, and left surviving him, as his heirs, the plaintiff and defendants; also his widow, Isabella Pomeroy, who subsequently died the 1st day of May, 1892. After the death of the father, and down to the termination…
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Appeal from a judgment of the circuit court for Rock •county: John R. Bensett, Circuit Judge. Chester Pomeroy died intestate, January 27, 1882, seised ■of the S. W. Í- of the S. E. £ and the N. E. £ of the S. E. £ of section 8, town of Eulton, Rock county, "Wisconsin, and left surviving him, as his heirs, the plaintiff and defendants; also his widow, Isabella Pomeroy, who subsequently died the 1st day of May, 1892. After the death of the father, and down to the termination of this action in the court below, defendants occupied the premises to the exclusion of the plaintiff. There never was an…
1Opinion of the CourtMaeshall, J.
Several errors are assigned, but the only one requiring consideration on the record, and the only one seriously insisted upon, as we understand it, is one involving the question of whether the court erred in rejecting the offer of parol evidence to prove that land conveyed to plaintiff during the lifetime of the father was so conveyed by way of advancement.
The statute governing the subject is sec. 3959, R. S., which provides as follows: “ All gifts and grants shall be deemed to have been made in advancement, if they are expressed in the gift or grant to be so made, or if charged in writing-by…
2Cases cited4 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Draper v. EmersonWisconsin Supreme Court · 1867
- Arzbacher v. MayerWisconsin Supreme Court · 1881
- Westcott v. MillerWisconsin Supreme Court · 1877
3Cited by17 opinions
- Killen v. BarnesWisconsin Supreme Court · 1900
- State v. BullenWisconsin Supreme Court · 1910
- Boden v. MierNebraska Supreme Court · 1904
- Kragnes v. KragnesSupreme Court of Minnesota · 1914
- Ludington v. PattonWisconsin Supreme Court · 1904
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